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43-2-694
Section 43-2-694 Transfer of property or evidence of rights therein to surviving spouse
or distributees. Upon delivering a copy of the judge's order for summary distribution or an
affidavit executed by any person having knowledge of the fact and alleging the concurrence
of the conditions listed in subsection (b) of section 43-2-692 showing the defeasible
right therein, together with a copy of the decedent's will if the claim is under such will,
such spouse or distributee shall be entitled to have the decedent's property or the evidence
of the decedent's ownership in such property transferred to him by any person owing any money
to the decedent's estate, having custody of any personal property of the decedent or acting
as a registrar or transfer agent of any evidence of interest, indebtedness, property or right
of the deceased therein. (Acts 1975, 3rd Ex. Sess., No. 145, ยง5.)...
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35-12-84
Section 35-12-84 Filing of a claim - intestate and small claims. (a) The surviving spouse
or, if none, the surviving child or children or, if none, the surviving parent or parents
of an abandoned property owner who has died intestate may claim the abandoned property under
this section, and will have a defeasible right to the property, if all of the following
conditions exist: (1) The aggregate value of the abandoned property held on behalf of the
owner, as established by rule, must not exceed the amount allowed in Section 43-2-692.
(2) The claim need not be accompanied by an order of a probate court if the claimant files
documentation established in the rules, including, but not limited to, a. a written confirmation
by the probate court that no estate has been opened or filed; b. an affidavit, signed by all
beneficiaries, as applicable, stating that all beneficiaries have amicably agreed among themselves
upon a division of the property; c. supporting documentation showing heir rights;...
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43-8-253
Section 43-8-253 Effect of homicide on intestate succession, wills, joint assets, life
insurance and beneficiary designations; effect of bona fide purchase by third party or good
faith payment by obligor, etc. (a) A surviving spouse, heir or devisee who feloniously and
intentionally kills the decedent is not entitled to any benefits under the will or under articles
3 through 10 of this chapter, and the estate of decedent passes as if the killer had predeceased
the decedent. Property appointed by the will of the decedent to or for the benefit of the
killer passes as if the killer had predeceased the decedent. (b) Any joint tenant who feloniously
and intentionally kills another joint tenant thereby effects a severance of the interest of
the decedent so that the share of the decedent passes as his property and the killer has no
rights by survivorship. This provision applies to joint tenancies with the right of survivorship
and tenancies in common during the respective lives of the...
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45-21-232
Section 45-21-232 Fees; disposition of funds. (a) In Crenshaw County the fee for issuance
of a permit to carry a pistol in a vehicle or concealed on or about the person as provided
in Section 13A-11-75, shall be twenty dollars ($20), which shall be collected by the
sheriff. (b) Six dollars ($6) of each fee collected under subsection (a) shall be paid into
the county treasury and the remaining fourteen dollars ($14) of each fee shall be deposited
by the Sheriff of Crenshaw County in any bank located in Crenshaw County, into a fund known
as the Sheriff's Pistol Permit Fund. The proceeds paid into the fund shall be used only for
law enforcement purposes. (c) The sheriff's fund provided for in subsection (b) shall be drawn
upon by the Sheriff of Crenshaw County or his or her appointed agent and shall be used exclusively
for the purchase of equipment and supplies in the sheriff's office. (d) The establishment
of the sheriff's fund as provided in this section and the use of such funds in no...
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8-6-140
Section 8-6-140 Definitions. For the purposes of this article, the following words have
the following meanings unless the context otherwise requires: (1) BENEFICIARY FORM. A registration
of a security which indicates the present owner of the security and the intention of the owner
regarding the person who will become the owner of the security upon the death of the owner.
(2) DEVISEE. Any person designated in a will to receive a disposition of real or personal
property. (3) HEIRS. Those persons, including the surviving spouse, who are entitled under
the statutes of intestate succession to the property of a decedent. (4) PERSON. An individual,
a corporation, an organization, or other legal entity. (5) PERSONAL REPRESENTATIVE. Includes
executor, administrator, successor personal representative, special administrator, and persons
who perform substantially the same function under the law governing their status. (6) PROPERTY.
Includes both real and personal property or any interest therein...
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43-2-696
Section 43-2-696 Effect of transfer pursuant to affidavit. The person making payment,
delivery, transfer or issuance of personal property or evidence thereof pursuant to the affidavit
prescribed in section 43-2-694 shall be discharged and released to the same extent
as if made to a personal representative of the decedent, and he shall not be required to see
the application thereof or to inquire into the truth of any statement in the affidavit if
made by any other person. If any person to whom such affidavit is delivered refuses to pay,
deliver, transfer or issue any personal property or evidence thereof, it may be recovered
or its payment, delivery, transfer or issuance compelled in an action brought for such purpose
by or on behalf of the person entitled thereto under sections 43-2-692 and 43-2-695 upon proof
of the defeasible right declared by such sections. Any person to whom payment, delivery, transfer
or issuance is made shall be answerable and accountable therefor to any personal...
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19-3A-201
Section 19-3A-201 Determination and distribution of net income. After the decedent's
death, in the case of a decedent's estate, or after an income interest in a trust ends, the
following rules apply: (a) If property is specifically given to a beneficiary by will or by
trust, then the fiduciary of the decedent's estate or of the terminating income interest shall
distribute the net income and net principal receipts to the beneficiary who is to receive
the specifically given property, subject to the following rules: (1) The net income and principal
receipts from the specifically given property are determined by including all of the amounts
the fiduciary receives or pays with respect to the specifically given property, whether such
amounts accrued or became due before, on, or after the date of the decedent's death or the
date upon which an income interest in a trust terminates, and by making a reasonable provision
for amounts that the fiduciary believes the decedent's estate or terminating...
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34-13-121
Section 34-13-121 Cremation procedures; authorization; identification of remains; records.
(a) Human remains shall not be cremated under either of the following circumstances: (1) Within
24 hours after the time of death, unless death was a result of an infectious, contagious,
or communicable disease and unless the disease is verified and the time requirement waived
by a medical examiner, county health director, county coroner, or attending physician where
the death occurred. (2) Without a completed cremation authorization form approved by the board
and signed by the authorizing agent and a completed state identification form. A copy of the
cremation authorization shall be presented with the body to the crematory before any cremation
process may be initiated. (b) All cremations of human remains performed in this state shall
be arranged through a funeral establishment licensed by the board pursuant to this chapter.
(c) Whenever a crematory is unable or unauthorized to cremate human...
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43-8-294
Section 43-8-294 Effect of disclaimer. (a) If the property or interest devolved to a
disclaimant under a testamentary instrument or under the laws of intestacy and the deceased
owner or donee of a power of appointment has not provided for another disposition, it devolves
as if the disclaimant had predeceased the decedent or, if the disclaimant was designated to
take under a power of appointment exercised by a testamentary instrument, as if the disclaimant
had predeceased the donee of the power. Any future interest that takes effect in possession
or enjoyment after the termination of the estate or interest disclaimed takes effect as if
the disclaimant had died before the event determining that the taker of the property or interest
had become finally ascertained and his interest is indefeasibly vested. A disclaimer relates
back for all purposes to the date of death of the decedent, or of the donee of the power,
or the determinative event, as the case may be. (b) If the property or...
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30-4-17
Section 30-4-17 Revocation of certain transferable interests in property upon divorce
or annulment. (a) In this section, the following terms have the following meanings:
(1) DISPOSITION OR APPOINTMENT OF PROPERTY. Includes a transfer of an item of property or
any other benefit to a beneficiary designated in a governing instrument. (2) DIVORCE or ANNULMENT.
Any divorce or annulment, or any dissolution or declaration of invalidity of a marriage, that
would exclude the spouse as a surviving spouse within the meaning of Section 43-8-252.
A decree of separation that does not terminate the status of husband and wife is not a divorce
for purposes of this section. (3) DIVORCED INDIVIDUAL. An individual whose marriage
has been terminated by divorce or annulment. (4) GOVERNING INSTRUMENT. An instrument executed
by the divorced individual before the divorce or annulment of his or her marriage to his or
her former spouse. (5) RELATIVE OF THE DIVORCED INDIVIDUAL'S FORMER SPOUSE. An individual
who...
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